Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland

Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

2 Lawyer Answers
Daniel Staeven
Daniel Staeven
Answered
  • Annapolis, MD
  • Licensed in Maryland

A: While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to give them the proper notice to vacate the premises. If your lease requires notice prior to the lease ending stating you will not renew, you must give that notice in the time specified in the lease. Further, if you do not sign a new lease and simply want the property back giving a notice of 60 days seems reasonable in this situation. It seems absurd that once you rent to a military person you cannot give them notice based on the provisions of the lease to move from your property.

Good luck in your future endeavors.

Leonard A Englander and Thomas C. Valkenet agree with this answer

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: There is a legal right in federal law that allows active military personnel to terminate a lease early when they have been given orders to relocate or deploy for duty outside of the area where the premises are located. That obligates the landlord to release the military tenant from the lease and to return the security deposit at the end of the termination date. There is no legal right of a military tenant to continue residing in and extending the lease term of a residential lease that otherwise has reached the end of the lease term. Ask your realtor to provide you with the legal citation of whatever law they claim they know about, and I am sure they will be unable to do it. I have never heard of such a restriction.

Peter J. Weinman and Leonard A Englander agree with this answer

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